In another posting (question) I saw mention of "constructive eviction". It was pertaining to a situation where a tenant signed a lease and then changed his mind on his move in date due to noisy neighbors. The landlord said he would refund the tenants monies less 30 days but the tenant wanted it all returned. The "answer" was directed to the landlord and here is the portion mentioning my question: "You can hold him to the terms of the lease. However, if his gripe is ligit you may have a constructive eviction situation. Try to work it out with him, especially if you knew about the noise and did not disclose it." I have a similar situation from the tenants side and want to know if and how I can recover some/any of the monies paid for move in.